Saturday, February 28, 2015

SOCIAL SECURITY WILL NOT PROVIDE YOU WITH AN ADVOCATE OR REPRESENTATIVE

Some people have the mistaken impression that a Social Security employee will work for them to get their Social Security disability benefits approved.  This is not correct.  The Social Security office will provide you with forms and answer questions.  They will take your application, over the phone or in person.  However, they will not represent you nor will they advocate for you to be approved.

Everyone who works for Social Security is supposed to be neutral, meaning they are not supposed to show any interest in whether or not you are approved, outside the duties required to process your application.

If you wish to have an advocate--someone who diligently works to protect your interests and to help get your case approved--you must appoint such a representative yourself. Social Security is not allowed to do so.

What is a Social Security disability advocate?  An advocate is a person who works on behalf of another person's interests, to represent that person's best interest and try to achieve what the person being represented wants to achieve--in this case, being aproved for Social Security disability benefits.  A legal representative or advocate may help you by....
  • advising or counseling you on the best course of action concerning your claim,
  • helping gather and evaluate medical evidence,
  • developing a legal theory of your case to help prove you meet requirements for disability benefits,
  • speaking to Social Security on your behalf,
  • writing briefs, memos or other documents to support your case,
  • appearing before administrative law judges or other government sources to represent your interests and help argue your case,
  • filing motions, petitions and appeals on your behalf
Generally, a legally appointed advocate can do practically anything that you may do in a Social Security matter except sign your name.  Also, an advocate or representative may not testify under oath on your behalf; however, he or she may help you explain evidence or state your case.  Your representative may also advise you concerning the testimony you will provide.

Your advocate or representative is also a problem solver--someone who anticipates problems with your claim or hearing and works to prevent or resolve such problems in your best interest.

Your advocate's goals will always be to
  • protect your best interests,
  • get the most benefits you are entitled to, including any back pay,
  • get your claim approved as quickly as possible
  • always act ethically and honestly.

 

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